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WESTSHORE GLASS CORPORATION v. HACK INDUSTRIES, INC.

No. 86-3243.

522 So.2d 1046 (1988)

WESTSHORE GLASS CORPORATION, a Florida Corporation, Appellant, v. HACK INDUSTRIES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

April 6, 1988.

Attorney(s) appearing for the Case

David Hyman, P.A., Tampa, for appellant.

No appearance for appellee.

RYDER, Acting Chief Judge.

There was no sworn evidence — neither affidavits nor testimony — before the trial court upon which it could base an order to transfer venue to Dade County.

The election of venue is initially with the plaintiffs. Assuming the complaint does not affirmatively show that venue is lacking, the burden of pleading and proving improper venue is upon the defendants. The allegations of the unsworn motion to dismiss or to transfer...

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